1. Website Terms and Conditions

Transcription

1 1. Website Terms and Conditions Welcome to the Mining Contractors Insurance Brokers website (the Website ). The Website is owned and operated by East West Insurance Brokers Pty Ltd ABN AFSL trading as Mining Contractors Insurance Brokers ( Mining Contractors Insurance Brokers, we, us, our ). You means the Website user. Your access to this Website is conditional upon your acceptance of and compliance with the terms and conditions contained in this document ( Terms of Use ). Your accessing of this Website constitutes your agreement to the Terms of Use. Mining Contractors Insurance Brokers reserves the right to amend the Terms of Use from time to time. Amendments will be effective immediately upon publication on this Website. Your continued use of this Website following such publication will constitute your agreement to the Terms of Use as amended. You can find out more about us from our Financial Services Guide and more about our products from the Product Disclosure Statements. The East West range of products can only be bought by Australian residents. Additionally, other terms or conditions may apply in relation to products or services offered via the Website, and you will also be bound by these as they apply to you. If you have a question about any term or condition, service or product, please call one of our friendly and professional consultants on Restrictions You must not: (a) (b) (c) (d) (e) (f) (g) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes; use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet; use the Website to send unsolicited messages; in any way tamper with, hinder or modify the Website; knowingly transmit any viruses or other disabling features to the Website or via the Website; use the Website in any manner which is prohibited by the Terms of Use, use the Website for any unlawful purpose, or in any manner, which violates any right of East West (or an associated entity), another user of the Website, or any other third party; and attempt any of the above acts or facilitate or assist another person to do any of the above acts.

2 3. Information and Transactions over the Website Cover will not commence until we accept your application for cover from a Start Date to be agreed and give you a Cover or Policy Number. Do not confuse this with your Quote Number. Our Business Hours are Monday to Friday 8.30 am to 5 pm ( Business Hours"). Request a Quote. The Website enables you to request a quote by submitting basic information to us. You should read your Duty of Disclosure (refer below) before doing so. Your personal information will be treated carefully by us, please see our Privacy Policy [insert link]. Receive an Estimate Quote. We will use that information to give you an Estimate Quote by or phone. If we are unable to give you an estimate, we will tell you why and try to help by referring you elsewhere. It is an Estimate Quote because it is subject to meeting underwriting criteria and may change due to various factors e.g. driving offences, claims, driver age, and the vehicle itself, etc. An Estimate Quote is not binding and does not give you any cover. Apply for Insurance. If you like our estimate, you can apply for a firm quote and insurance cover by:- (i) (ii) Calling us on or Responding to our electronic quote and we will call you. The choice is yours. We will promptly respond during Business Hours by asking you a few detailed questions enabling us to give a firm quote, subject to receipt of the premium within quoted credit terms, proof of your No Claim Discount rating, and any other condition we tell you about. We will honour the firm quote for 30 days provided your information has not changed. Commencement of Cover. Cover commences when we accept your application by giving you a Cover or Policy Number. Cover will not commence before the first day of the Period of Insurance whether or not money is paid before then. Remember:- No Cover or Policy Number means no cover. 4. Your Duty of Disclosure (a) What you must tell us When answering our questions you must be honest and you have a duty under law to tell us anything known to you and which a reasonable person in the circumstances would include in the answer to the question. We will use the answers in deciding whether to insure you and anyone else to be insured under the policy, and on what terms. Your Duty of Disclosure also extends throughout the policy period and to each time you renew the policy. (b) Who needs to tell us? It is important that you understand you are answering our questions in this way for yourself and anyone else whom you want to be covered by the policy.

3 (c) If you do not tell us If you do not answer our questions in this way, we may reduce or refuse to pay a claim, or cancel the policy. If you answer our questions fraudulently, we may refuse to pay a claim and treat this policy as never having been in force. Failure to comply with your Duty of Disclosure, especially concerning your riding/driving history, including speeding fines, could severely affect the result of any claim made on the policy and could lead to the claim being declined. If you do not understand your duty, please ask us to explain it. 5. We act on behalf of insurer/s when arranging insurance cover We arrange policies for and on behalf of insurer/s and act under a binding authority given to us by the insurer/s to administer and issue policies, alterations, renewals and at times to also settle claims. In all aspects of these policies, we act on behalf of the insurer and not for you. We remind you of this when we quote and in the relevant Product Disclosure Statement (PDS). 6. Our Advice and PDS You acknowledge and agree that information provided on the Website is of a general nature only and is not, and is not intended to be, advice. We have not given you any personal advice until we tell you that we have done so by considering your individual financial situation, objectives or needs. In any event, you should consider the relevant PDS and any other information made available to you before you Request to Buy to ensure that it s right for you. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this Website, and to seek professional advice where necessary. 7. Links to Third Party Websites The Website may provide links to other websites ( Linked Sites ). Any external links are provided as a courtesy and we are not responsible for the content or privacy practices associated with the Linked Sites. We do not warrant, sponsor, endorse or approve the operators of Linked Sites or the material found at the Linked Sites. 8. Accuracy and Warranty Every effort is made to ensure that information on the Website is free from error; however we do not provide any warranties in respect of the material on the Website. All information contained on the Website is subject to change without notice. To the maximum extent permitted by law, East West disclaims all liability for any delays, errors or omissions contained in this information or any failure to update or correct this information. Any information transmitted to or from this Website is transmitted at your own risk. You are responsible for ensuring you have alternative contingency arrangements in place to enable you to conduct insurance by other means should the Website be unavailable. We may at any time withdraw the Website or products for any reason and without notice, and the Website is offered on an as is and as available basis only. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms of Use will survive termination.

4 East West does not warrant the availability, functionality or performance of the Website, the electronic transmission, receipt authentication, lodgement or any other dealing whatsoever with electronic documents or mail or any other data, or the use of automatic language translation devices in connection with this Website. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. East West does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website. We cannot screen all content provided on the Website and the information provided on any open discussion site, blog, social media tool or forum available through this Website. We do not assume any responsibility for the content of any open discussion site, blog, social media tool or forum available through this Website. We will not be responsible for any offensive language or otherwise objectionable content contained in this Website or on any open discussion site, blog, social media tool or forum available through this Website. 9. Limitation of Liability To the extent permitted by law, we exclude all implied conditions and warranties with respect to this Website, and its content, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void. East West does not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. 10. Intellectual property All intellectual property rights in this Website, including the design, text, graphics, logos, icons, images, the selection and arrangement thereof, sound recordings and all software relating to this Website, are owned by or are licensed to East West. These intellectual property rights are protected by Australian and international laws. Other than for the purposes of printing one hard copy of the material on this Website for non-commercial use, research, criticism or review, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without East West s prior written permission or, in the case of third party material, from the owner of the copyright in that material. 11. Indemnity You agree to indemnify East West, its directors, employees, shareholders, agents and other persons involved in the creation of this Website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or

5 relate to your use or misuse of this Website, any information that you provide to East West via this Website, any damage that you may cause to this Website or any breach of these Terms of Use. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law. 12. Jurisdiction These Terms of Use are governed by and construed in accordance with the laws of Queensland and you agree to submit to the jurisdiction of the courts of Queensland in relation to any dispute regarding these Terms of Use. If any of the Terms of Use are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms of Use. All rights not expressly granted in the Terms of Use are reserved.

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